A federal judge in Minnesota denied a motion for class certification by drug wholesalers in a lawsuit accusing EpiPen manufacturer Mylan of overcharging for the medication in an alleged racketeering scheme, concluding that the plaintiffs failed to satisfy certification requirements, including numerosity and commonality.
U.S. District Judge Eric C. Tostrud for the District of Minnesota determined that the plaintiffs, Rochester Drug Co-Operative and Dakota Drug, failed to affirmatively demonstrate that the class was so numerous and joinder of all members is impracticable under Federal Rule of Civil Procedure Rule 23(a)(1), among other procedural reasons, according to the July 1 opinion.